Research On The New Pyramid Selling Crime Under The Background Of Internet

Pyramid selling originated in the United States in the 19 th century.When it first emerged in China,it adopted the development mode of buying and selling goods or providing services as the medium,and mainly adopted the way of "killing ripe" and "pit ripe" to develop the offline market.Now with the popularity and development of the Internet,pyramid selling crime derived from the virtual currency,pure capital operation,online games,shopping rebate,mutual aid and other confusing,making it difficult to distinguish the true and false of the new pyramid selling model.The new pyramid selling has the characteristics of commodity virtualization,hidden means,low age of participants and high education.From the perspective of criminal law,the rapid development of online pyramid selling crime has brought great impact and challenge to the theory of criminal law and judicial determination.The challenges brought by the new pyramid selling crime to the criminal law theory under the background of Internet mainly include:First of all,in the establishment of the standard of criminalization.Due to the unprecedented expansion of personnel scale and the aggravation of social harmfulness in the new type of pyramid selling crime,the current standard for the crime of pyramid selling shows obvious hysteresis and singleness.In addition,as a typical stakeholder economic crime,pyramid selling crime does not take the amount of crime into consideration in its standard of crime,which is not reasonable.In order to solve this problem,it is necessary to increase the amount of crime in the current standard of incrimination and construct a binary selective standard of incrimination.Secondly,in the theory of accomplice.Firstly,the criminal intention connection in the new online pyramid selling crime has undergone a structural change,from the original simple offline,offline and online two-way interactive criminal intention connection to the online one-way criminal intention connection.Second,the pyramid selling crime from the pyramid selling organization's construction to the final because of the capital chain fracture,fraud was exposed and crash,often a long lasting process.During this period,the actor who joined the organization and played an active role of organization and leadership should affirm his status as the successor accomplice.Third,"technology is king" in network crime.The implementation of network pyramid selling crime requires the design,development of pyramid selling software and establishment of pyramid selling network.In view of this,there is a growing call in academic circles for network technicians to help criminalize behaviors.Finally,in order to realize the inevitability of criminal punishment and the purpose of general and special prevention of criminal punishment,it is necessary to increase the application of controlled punishment in the main punishment system of pyramid selling crime.In addition,in order to fundamentally deprive the perpetrator of the pyramid selling crime of the possibility of reoffending,and to avoid the current penalty of the pyramid selling crime without the limitation of the penalty system,should optimize the fine set,the unlimited fine system to adjust to the double ratio of the fine system.Under the background of Internet,the challenges brought by the new pyramid selling crime to judicial identification mainly include:First of all,from the objective elements of pyramid selling crime.The legal direct selling and illegal pyramid selling,as well as the elements such as the entrance fee,the level and the swindle of property in the pyramid selling crime,need to be identified in combination with the characteristics of the pyramid selling crime itself and the current situation of the development of online pyramid selling.Secondly,from the perspective of the subject of crime.First,in the current network pyramid selling criminals in order to hide the truth in the form of registered companies to carry out pyramid selling,which on the surface looks like a unit crime,but in fact it is a natural person crime.Second,organizers and leaders are the most important personnel in the crime of pyramid selling.The identification of these personnel needs to be comprehensively considered from the aspects of objective behavior,actual jurisdiction and the role they play.Thirdly,according to the actual role played by participants in pyramid organizations,it can be divided into: organizers,leaders,active participants and ordinary participants.Currently,only organizers and leaders are regarded as the subject of crimes in the criminal law,but in the present popular Internet pyramid selling crime,active participants and other key members have played an indelible role in the expansion of pyramid selling organizations,which can be said to be the backbone of pyramid selling organizations.Therefore,active participants are also necessary to be criminalized.